Perjury – California Penal Code 118 PC

What Is Perjury Under California Law?

Under California Penal Code 118 PC, perjury occurs when a person willfully gives false information while under oath in any official legal or governmental proceeding. In plain terms, it means knowingly lying after swearing to tell the truth in a setting where the law requires honesty.

Perjury can occur in a variety of situations, including:

• Testifying in court during a criminal or civil trial.

• Giving sworn statements in a deposition.

• Signing a written affidavit or declaration under penalty of perjury.

• Submitting sworn statements or documents to a government agency.

The statute states:

California Penal Code 118 – “Every person who, having taken an oath… willfully and contrary to the oath, states as true any material matter which he or she knows to be false, is guilty of perjury.”

For a conviction, the prosecution must prove that the false statement was made willfully, was material to the matter at hand, and was given under a lawful oath or declaration. Innocent mistakes, misunderstandings, or statements based on faulty memory do not meet the legal standard for perjury.

Can Perjury Be Charged in Federal Court?

While California Penal Code 118 PC applies to state-level proceedings, perjury can also be prosecuted under federal law. Federal perjury charges generally arise when the alleged false statement is made in a U.S. District Court, before a federal grand jury, or in another federal proceeding such as a congressional hearing. Federal penalties for perjury can be severe, with potential prison sentences of up to five years. If your case involves federal charges, it will be handled in the federal court system, which operates under different rules and procedures than California courts. A skilled Los Angeles criminal defense attorney with experience in both state and federal cases can help protect your rights in either setting.

Elements of the Crime

To secure a conviction for perjury under Penal Code § 118 PC, the prosecution must prove each of the following elements beyond a reasonable doubt:

1. You took a lawful oath or executed a declaration under penalty of perjury

   • This means you were in a setting where the law requires truthful statements under oath — such as in court, at a deposition, or when signing a sworn affidavit or government document.

   • The oath or declaration must be administered or authorized by law.

2. You made a statement that was false

   • The statement must have been contrary to the truth and not simply mistaken, unclear, or imprecise.

3. The statement was material

   • “Material” means the false statement had the potential to influence the outcome of the proceeding or decision. Trivial or irrelevant falsehoods generally do not qualify.

4. You knew the statement was false when you made it

   • Perjury is an intentional act. If you genuinely believed the statement was true, even if it later turns out to be incorrect, it is not perjury.

5. You willfully made the statement

   • “Willfully” means you acted on purpose — not accidentally or due to confusion, faulty memory, or misunderstanding.

If the prosecution cannot prove all five elements, you cannot legally be found guilty of perjury. A strong Los Angeles perjury defense attorney will often focus on undermining one or more of these elements — for example, showing the statement wasn’t actually false, wasn’t material, or that you lacked the intent to deceive.

Examples of Perjury

• Lying under oath in court — whether as a witness, defendant, or party in a criminal or civil case.

• Submitting a signed, sworn affidavit or declaration that contains information you know is false.

• Making a false statement on government forms that require certification under penalty of perjury, such as tax returns or benefits applications.

• Giving false testimony in a deposition during a civil lawsuit or other legal proceeding.

Common Scenarios That Lead to Perjury Charges in Los Angeles

In Los Angeles County, perjury charges can arise from a wide range of legal and administrative proceedings. Common situations include:

• Testifying in criminal trials as a witness or defendant and providing false statements under oath.

• Family law matters, such as divorce or child custody cases, where one party allegedly lies in sworn declarations or testimony.

• Civil lawsuits, including personal injury cases, where testimony or affidavits are alleged to contain false information.

• Government forms and applications, such as benefits paperwork, licensing documents, or tax returns signed under penalty of perjury.

• Depositions in civil or administrative cases where false statements are made under oath.
  Even if no one is harmed by the alleged falsehood, prosecutors may still pursue charges if they believe the statement was intentional and material to the case.

Penalties for Perjury (PC 118)

In California, perjury is always charged as a felony. The law treats it as a serious offense because it strikes at the integrity of the judicial system. A conviction can carry severe criminal penalties and long-term consequences that go far beyond the courtroom.

Criminal Penalties

If convicted of perjury under Penal Code 118 PC, you may face:

• Up to 4 years in state prison

• Formal felony probation (granted only in limited circumstances)

• Substantial fines as determined by the court

• A permanent felony record that can appear on background checks for life

Collateral Consequences

A perjury conviction can also trigger serious collateral consequences, including:

• Loss or suspension of professional licenses for attorneys, doctors, accountants, and other licensed professionals

• Immigration consequences for non-citizens, including deportation, inadmissibility, or denial of naturalization

• Possible federal prosecution if the alleged perjury occurred during a federal court case, congressional hearing, or other federal proceeding

Related Offenses Often Filed With or Instead of Perjury

• [PC 132 – Offering False Evidence]
  Prohibits intentionally presenting false written evidence in any legal proceeding.

• [PC 134 – Preparing False Evidence]
  Involves creating or preparing documents, records, or physical evidence known to be false for use in a legal proceeding.

• [PC 115 – Filing a False Instrument]
  Applies to filing a false or forged document with a public office or public employee.

• [PC 148.5 – False Report of a Crime]
  Makes it a crime to knowingly file a false police report.

• [PC 118a – Subornation of Perjury]
  Involves persuading, encouraging, or allowing someone else to commit perjury.

Legal Defenses to Perjury Charges

A perjury accusation can feel overwhelming, but it’s important to remember that the prosecution must prove every element of the charge beyond a reasonable doubt. There are several effective defenses that can be raised, depending on the facts of your case:

• Mistake or misunderstanding – Perjury requires that a false statement be made willfully and knowingly. If the statement was the result of confusion, a memory lapse, or a misunderstanding of the question, it does not meet the legal standard for perjury.

• Statement was not “material” – The false statement must relate to an important or material fact that could influence the proceeding’s outcome. Irrelevant or trivial falsehoods generally do not qualify as perjury.

• Recantation – In certain circumstances, if you correct or retract the false statement before it is discovered or causes harm, you may be able to avoid perjury charges.

• Insufficient evidence – Prosecutors must present clear and convincing evidence that the statement was false, willful, material, and made under a lawful oath. If even one element cannot be proven, the case should fail.

• Ambiguous statements – A statement that is vague, unclear, or open to interpretation is not perjury. The law requires a clear, intentional falsehood—not an answer that could reasonably be understood in more than one way.

Speak With a Los Angeles Perjury Defense Attorney Today

Attorney Arash Hashemi has over 20 years of experience defending clients against complex felony charges, including perjury cases in Los Angeles County courts. He understands how prosecutors build perjury cases, where their evidence is often weakest, and how to dismantle false or exaggerated allegations.

At The Law Offices of Arash Hashemi, we analyze every detail of the accusations, review transcripts and sworn statements for inconsistencies, and challenge the credibility of the evidence against you. Our legal team moves quickly to protect your rights, safeguard your reputation, and fight for the best possible outcome — whether that means dismissal, reduction of charges, or avoiding prison altogether.

Perjury is a serious felony that can carry prison time, heavy fines, and a permanent criminal record. The sooner you have a skilled perjury defense attorney on your side, the better your chances of protecting your future. Call us today for a free, confidential consultation, and let us start building your defense now.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.